Washington D.C. —President Barack Obama has announced an end to the HIV Travel and Immigration Ban during a Friday signing ceremony for the Ryan White HIV/AIDS Treatment Extension Act.
The change is an important change for people that live in border cities such as Buffalo and the adjacent Canadian cities of Fort Erie and Niagara Falls. The travel ban has long been a consternation to gay, lesbian, bisexual and trans (glbt) people that live in Western New York and Southern Ontario who have been unable to travel across the border to visit friend and family members because the are HIV positive. Since 1987 HIV-positive travelers have been forced to conceal their HIV status and in many cases smuggle their life saving HIV medications in order to cross the U.S./Canadian border without fear of being turned away at the by immigration officers.
The ban, first implemented in 1987 and codified into law by Congress in 1993, prevented non-U.S. citizens who were HIV-positive from traveling or immigrating to the United States unless the Department of Homeland Security granted them a waiver.
Congress passed the policy reversal during the 2008 Congressional session last summer. Former President George W. Bush signed it into law, but the Administration did not implement the change before his term ended.
The new regulation eliminates any travel and immigration restrictions that are tied to a person's HIV status. The Department of Health and Human Services (HHS) initiated the implementation of the law change in June by publishing the proposed regulation to the federal register, which triggered the required 45-day public comment period. HHS since sent the final change to the Office of Management and Budget for approval. The Advocate has reported that the HHS would not be able to implement the regulation change until 60 days following the president's announcement.
The lifting of the travel and immigration ban will become effective after the start of the new year in January 2010
The U.S. Citizenship and Immigration Services has directed its officers to place holds on any decisions regarding green card applications that are based solely on an individual's HIV status pending full implementation of the new rule.
The Ryan White HIV/AIDS Treatment Extension Act will fund critical HIV/AIDS treatment and some prevention programs through 2013 at about $2.5 billion annually, representing a 5% increase for all sections of the act. The program helps about 500,000 mostly low-income and uninsured people living with AIDS/HIV per year, according to the Government Accountability Office.
—Staff